21 Schemes for meeting losses and liabilities etc. of certain health service bodies.E+W
(1)The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies specified in subsection (2) below may make provision to meet—
(a)expenses arising from any loss of or damage to their property; and
(b)liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.
(2)The bodies referred to in subsection (1) above are—
[(za)Strategic Health Authorities;]
[(a)Health Authorities;
(aa)Special Health Authorities;]
[(aaa)Primary Care Trusts;]
[(aab)Local Health Boards;]
(b)NHS trusts;
[(ba)NHS foundation trusts;]
[(bb)the [Commission for Healthcare Audit and Inspection]]; . . .
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(d)the Health Protection Agency,]
but a scheme under this section may limit the class or description of bodies which are eligible to participate in it.
(3)Without prejudice to the generality of the power conferred by subsection (1) above, a scheme under this section may—
(a)provide for the scheme to be administered by the Secretary of State or by a [Strategic Health Authority,][Health Authority, Special Health Authority,][Primary Care Trust][, NHS trust or NHS foundation trust] specified in the scheme;
(b)require any body which participates in the scheme to make payments in accordance with the scheme; and
(c)provide for the making of payments for the purposes of the scheme by the Secretary of State.
(4)Without prejudice to any other power of direction conferred on the Secretary of State,—
(a)if the Secretary of State so directs, a body which is eligible to participate in a scheme shall do so; and
(b)where a scheme provides for it to be administered by the Secretary of State, a [Strategic Health Authority,][Health Authority, Special Health Authority,][Primary Care Trust][, NHS trust or NHS foundation trust] shall carry out such functions in connection with the administration of the scheme by the Secretary of State as he may direct.
[but the Secretary of State may not make a direction under paragraph (a) above in relation to an NHS foundation trust]
[(5)A person or body administering a scheme under this section does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under the scheme.]